§ 502. Dimensional requirements.
The following chart lists the requirements within the R-40 through R-5S Residential Districts for minimum lot area, width, yard spacing and maximum lot coverage for single-family dwellings.
(a)
For single-family dwellings:
Residential Districts R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S (1)
Minimum lot area in square feet:40,000 30,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000 (2)
Minimum lot area outside of water, marsh, or wetlands:24,000 24,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000 (3)
Minimum lot width in feet:125 100 100 100 80 75 50 50 50 (4)
Minimum front yard setback in feet:50 50 50 30 30 30 20 20 20 (4.1)
Minimum front yard setback for lots fronting on the east side of Sandfiddler Road in feet:NA NA 30 NA NA NA NA NA NA (5)
Minimum front yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance in feet:55 55 55 35 35 35 25 25 25 (6)
Except as provided in subdivision (6.1), minimum side yard setback except when adjacent to a street in feet:20 15 15 10 10 5 & 10 8 8 5 & 10 (6.1)
Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street:5 5 5 5 5 5 5 5 5 (7)
Minimum side yard setback adjacent to a street in feet:30 30 30 30 30 30 18 18 15 (8)
Minimum side yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance in feet:35 35 35 35 35 35 23 23 20 (9)
Minimum rear yard setback except for accessory structures in feet:20 20 20 20 20 20 20 20 20 (10)
Except as provided in subdivision (10.1), minimum rear yard setback for accessory structures in feet:20 15 15 10 10 10 10 10 10 (10.1)
Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street:5 5 5 5 5 5 5 5 5 (11)
As an exception, the minimum setback in any yard adjacent to the public beach of the Atlantic Ocean for any structures, except in-ground swimming pools, shall be 30 feet in the R-5R District. For purpose of this section, "beach" shall include any bulkheaded area contiguous to, and any unimproved public right-of-way within, the sandy beach:NA NA NA NA NA NA NA 30 NA (11.1)
Minimum setback on through lots for accessory structures that are physically located to the rear of the principal structure in feet:20 20 20 20 20 20 20 20 20 (12)
Maximum lot coverage in percent:25 25 25 30 30 35 40 35 40 (13)
Maximum total of building floor area and area of garages greater than 500 square feet expressed as a percentage of maximum allowable lot coverage:NA NA NA NA NA NA NA 200% NA (14)
Maximum area of impervious cover, as defined in 103 of the Chesapeake Bay Preservation Area Ordinance expressed as a percentage of the lot size:NA NA NA NA NA NA NA 60% NA The following chart lists the requirements within the R-5D Residential District for minimum lot area, width, yard spacing and maximum lot coverage for duplex and semidetached dwellings.
(b)
For duplex and semidetached dwellings in the R-5D Residential District:
Duplexes Semidetached (1)
Minimum lot area10,000 square feet 5,000 square feet (2)
Minimum lot width75 feet 35 feet (3)
Minimum front yard20 feet 20 feet (4)
Minimum front yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance25 feet 25 feet (5)
Minimum side yard except when adjacent to a street10 feet 10 feet (6)
Minimum side yard when adjacent to a street20 feet 20 feet (6.1)
Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street5 feet 5 feet (7)
Minimum side yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance25 feet 25 feet (7.1)
Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street5 feet 5 feet (8)
Minimum rear yard10 feet 10 feet (9)
As an exception, the setback for any yard adjacent to the public beach of the Atlantic Ocean for any structures shall be 30 feet in the R-5R District. For purpose of this section, "beach" shall include any bulkheaded area contiguous to, and any unimproved public right-of-way within, the sandy beach(10)
Maximum lot coverage35 percent 35 percent (11)
Maximum building floor area expressed as a percentage of maximum allowable lot coverage200 percent 200 percent The following chart lists the requirements within the R-5R Residential District for minimum lot area, width, yard spacing and maximum lot coverage for duplex and semidetached dwellings.
(b1)
For duplex and semidetached dwellings in the R-5R Residential District:
Duplexes Semidetached (1)
Minimum lot area10,000 square feet 5,000 square feet (2)
Minimum lot width75 feet 35 feet (3)
Minimum front yard20 feet 20 feet (4)
Minimum front yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance25 feet 25 feet (5)
Minimum side yard except when adjacent to a street10 feet 10 feet (6)
Minimum side yard when adjacent to a street20 feet 20 feet (6.1)
Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street5 feet 5 feet (7)
Minimum side yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance25 feet 25 feet (7.1)
Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street5 feet 5 feet (8)
Minimum rear yard20 feet 20 feet (9)
As an exception, the minimum setback in any yard adjacent to the public beach of the Atlantic Ocean for any structures, except in-ground swimming pools, shall be 30 feet in the R-5R District. For purpose of this section, "beach" shall include any bulkheaded area contiguous to, and any unimproved public right-of-way within, the sandy beach(10)
Maximum lot coverage35 percent 35 percent (11)
Maximum total of building floor area and area of garages greater than 1,000 square feet expressed as a percentage of maximum allowable lot coverage200 percent 200 percent (12)
Maximum area of impervious cover, as defined in 103 of the Chesapeake Bay Preservation Area Ordinance, expressed as a percentage of lot size60 percent 60 percent The following chart lists the requirements within the R-2.5 Residential Districts for minimum lot area, average lot area, lot width, yard spacing, maximum lot coverage and maximum number of units that can be attached for attached dwellings (townhouses).
(c)
For attached dwellings (townhouses):
Residential Districts R-2.5 (1) Minimum lot area 1,400 square feet (2) Average minimum lot area 2,500 square feet (3) Minimum lot width, interior lots 20 feet (4) Minimum lot width, exterior lots 30 feet (5) Minimum front yard 30 feet (6) Minimum front yard where all required parking is provided in the rear 15 feet (7) Minimum side yard exterior lots when not adjacent to a street 10 feet (7.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street 5 feet (8) Minimum rear yard dwellings 20 feet (9) Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street 5 feet (10) Maximum lot coverage 40 percent (11) Maximum number of attached dwellings that may be constructed in any one (1) group, without required side yards 6 units (12) Any side yards adjacent to a street shall be a minimum of 30 feet, except when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance, then a 35-foot side yard is required The following chart lists the requirements within the R-40 through R-2.5 Residential Districts for minimum lot area, width, yard spacing and maximum lot coverage for uses and structures other than dwellings.
(d)
For uses other than dwellings:
Residential Districts R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5R R-2.5 (1) Minimum lot area in square feet: 40,000 30,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000 (2) Minimum lot area outside of water marsh, or wetlands: 24,000 24,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000 (3) Minimum lot width in feet: 125 100 100 100 100 100 100 100 100 100 (4) Minimum front yard setback in feet: 50 50 50 30 30 30 30 30 30 30 (5) Minimum front yard setback in feet when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance in feet: 55 55 55 55 35 35 35 35 35 35 (6) Minimum side yard setback except when adjacent to a street in feet: 25 25 25 25 20 15 15 15 15 15 (7) Minimum rear yard setback in feet: 25 25 25 25 20 15 15 15 15 15 (8) As an exception, the setback for any yard adjacent to the public beach of the Atlantic Ocean for any structure shall be 30 feet in the R-5R District. For purposes of this section, "beach" shall include any bulkheaded area contiguous to, and any unimproved public right-of-way within, the sandy beach: NA NA NA NA NA NA NA 30 NA NA (9) Maximum lot coverage in percent: 25 25 25 30 30 40 40 40 40 40 (10) Any side yards adjacent to a street shall be a minimum of 30 feet. (e)
Nonconforming lots:
(1)
Where a lot has less than the minimum requirements for the R-5S Residential District and said lot has continuously been a lot of record, in single and separate ownership from adjacent property, prior to and since the passage of this ordinance, said lot may be developed for any purpose permitted within the R-5S Residential District.
(2)
However, if the owner of a lot which does not meet the minimum requirements of the R-5S Residential District, is the owner of or becomes the owner of another substandard lot adjacent to it and located in the same R-5S Residential District, he is not entitled to the exception in (1) above. In this instance, the owner of the two (2) or more adjacent substandard lots must combine the two (2) or more lots to form one which will meet or more closely approximate the frontage and area requirements of the ordinance applicable within the R-5S Residential District.
(3)
The owner of contiguous substandard lots is prohibited from conveying one (1) or more of the substandard lots with the result that both the grantors and the grantee possess lots entitled to an exception from the minimum lot requirements.
(4)
Status as a single and separate owner may not be acquired after enactment of this ordinance by selling a parcel and reducing the remainder below the minimum lot requirements nor may an owner of several contiguous nonconforming parcels combine them so as to leave a substandard lot, and assert the right to exception in (1) above.
For the purposes of this section, lots are not regarded as adjacent where they form an "L", part of one being contiguous to the other.
(Ord. No. 1914, 9-11-89; Ord. No. 1977, 6-11-90; Ord. No. 2096, 8-27-91; Ord. No. 2253, 1-25-94; Ord. No. 2675, 11-27-01; Ord. No. 2735, 1-28-03; Ord. No. 2929, 3-14-06; Ord. No. 2937, 4-11-06; Ord. No. 3118, 3-9-10; Ord. No. 3192, 7-12-11; Ord. No. 3392, 1-20-15)
(Ord. No. 1914, 9-11-89; Ord. No. 1977, 6-11-90; Ord. No. 2096, 8-27-91; Ord. No. 2253, 1-25-94; Ord. No. 2675, 11-27-01; Ord. No. 2735, 1-28-03; Ord. No. 2929, 3-14-06; Ord. No. 2937, 4-11-06; Ord. No. 3118, 3-9-10; Ord. No. 3192, 7-12-11; Ord. No. 3392, 1-20-15)